Legal Opinion

Ago

Florida Attorney General Reports

Decided May 4, 1977Published

1Opinion of the Court

QUESTION:

Does a conviction of a felony disqualify the defendant as an elector during the pendency of an appeal from such conviction?

SUMMARY:

In Florida, if an appeal has been taken from a judgment of guilty in the trial court, that conviction does not become final until the judgment of the lower court has been finally affirmed by the appellate courts. Therefore, a felon adjudicated as such is not `convicted' within the meaning of the constitutional disqualification from voting while an appeal from such conviction is pending or while the time for an appeal from the judgment or sentence has not…

2Cases cited13 opinions

  1. Griffin v. IllinoisSupreme Court of the United States · 1956
  2. Burns v. OhioSupreme Court of the United States · 1959
  3. Joyner v. StateSupreme Court of Florida · 1947
  4. Collins Investment Co. v. Metropolitan Dade CountySupreme Court of Florida · 1964
  5. Mounger v. FerrellLouisiana Court of Appeal · 1942

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